ELR Citation: ELR 20397
No(s). D:88-2055-1 (D.S.C. Oct 12, 1989)

The court holds that amendments to the South Carolina Beachfront Management Act preventing construction within 20 feet of the coastal baseline do not constitute a taking because the property owner has a house on the property and therefore is able to make economically viable use of the land. The statutes seek to protect the beaches by creating a no-construction zone. Though the statutes have had a chilling effect on the sale of the property, they do not restrict alienability. The court also holds that the statutes do not violate the Due Process Clause because the statutes are substantially related to an important state interest.

Counsel for Plaintiffs
Randall Chastain
Lourie, Curlee, Barrett & Popowski
1224 Pickens St., P.O. Box 12089, Capitol Station, Columbia SC 29211
(803) 799-9805

John V. Esposito
P.O. Box 5705, Hilton Head SC 29938
(304) 752-7300

Counsel for Defendants
C.C. Herness III, General Counsel
South Carolina Coastal Council
Saber Pl., Ste. 300, Charleston SC 29405
(803) 744-5838

William L. Want
P.O. Box 1088, 174 E. Bay St., Ste. 202, Charleston SC 29402
(803) 723-5148